Transitional Justice in the Asia-Pacific
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Transitional Justice in the Asia-Pacific
The question of how the human rights violations of previous regimes and past periods of conflict ought to be addressed is one of the most pressing concerns facing governments and policy makers today. New democracies and states in the fragile post-conflict peace-settlement phase are confronted by the need to make crucial decisions about whether to hold perpetrators of human rights violations accountable for their actions and, if so, the mechanisms they ought to employ to best achieve that end. This is the first book to examine the ways in which states and societies in the Asia-Pacific region have navigated these difficult waters.
Drawing together several of the world's leading experts on transitional justice with Asia-Pacific regional and country specialists, the book provides an overview of the processes and practices of transitional justice in the region as well as detailed analysis of the cases of Cambodia, Sri Lanka, Aceh, Indonesia, South Korea, the Solomon Islands, and East Timor.
Renée Jeffery is an Associate Professor of International Relations at the Australian National University. She is the author of
Amnesty and Accountability: The Persistence of Amnesties from Athens to Aceh, Indonesia
(scheduled for 2014),
Reason and Emotion in International Ethics
(scheduled for 2014),
Evil and International Relations: Human Suffering in an Age of Terror
(2008), and
Hugo Grotius in International Thought
(2006) and the editor of
Confronting Evil in International Relations: Ethical Responses to Problems of Moral Agency
(2008).
Hun Joon Kim is a Senior Lecturer at Griffith University. His PhD dissertation,
Expansion of Transitional Justice Measures: A Comparative Analysis of Its Causes
, was the winner of the 2009 American Political Science Association Best Dissertation Award (Human Rights Section). He is the author of
The Massacres at Mt Halla: Sixty Years of Truth-Seeking in South Korea
(scheduled for 2014).
Transitional Justice in the Asia-Pacific
Edited by
Renée Jeffery
Australian National University
Hun Joon Kim
Griffith University
32 Avenue of the Americas, New York, NY 10013-2473, USA
Cambridge University Press is part of the University of Cambridge.
It furthers the University's mission by disseminating knowledge in the pursuit of education, learning, and research at the highest international levels of excellence.
Information on this title:
www.cambridge.org/9781107040373
www.cambridge.org/9781107040373
©
Cambridge University Press
2014
Cambridge University Press
2014
This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.
First published
2014
2014
Printed in the United States of America
A catalog record for this publication is available from the British Library.
Library of Congress Cataloging in Publication Data
Jeffery, Renée.
Transitional justice in the Asia-Pacific / Renée Jeffery, Australian National University; Hun Joon Kim, Griffith University, Brisbane.
pages cm
Includes bibliographical references and index.
ISBN 978-1-107-04037-3 (hardback)
1. Transitional justice – Asia.2. Transitional justice – Pacific Area.3. Political crimes and offenses – Asia.4. Political crimes and offenses – Pacific Area.5. Rule of law – Asia.6. Rule of law – Pacific Area.I. Kim, Hun Joon, 1975–II. Title.
K5250.J442014
340
.115–dc232013019591
.115–dc232013019591ISBN
978-1-107-04037-3 Hardback
978-1-107-04037-3 Hardback
Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party Internet Web sites referred to in this publication and does not guarantee that any content on such Web sites is, or will remain, accurate or appropriate.
Contents
1
Transitional Justice in the Asia-Pacific: Comparative and Theoretical Perspectives
1
Transitional Justice in the Asia-Pacific: Comparative and Theoretical Perspectives
Leigh A. Payne and Kathryn Sikkink
Contributors
Kirsten
Ainley
is a Lecturer in the Department of International Relations at the London School of Economics and Political Science. She is the coauthor, with Chris Brown, of
Understanding International Relations
, 4th edition (2009), as well as several book chapters and articles on aspects of international criminal law.
Ainley
is a Lecturer in the Department of International Relations at the London School of Economics and Political Science. She is the coauthor, with Chris Brown, of
Understanding International Relations
, 4th edition (2009), as well as several book chapters and articles on aspects of international criminal law.
Edward
Aspinall
is a Professor of Politics in the Department of Political and Social Change at Australian National University, Canberra. He is the author of
Islam and Nation: Separatist Rebellion in Aceh, Indonesia
(2009);
Opposing Suharto: Compromise, Resistance and Regime Change in Indonesia
(2005);
The Helsinki Peace Agreement: A More Promising Basis for Peace in Aceh?
East West Center, Policy Paper series (2003 and 2005); and
The Peace Process in Aceh: Why It Failed
(coauthored with Harold Crouch), as well as the editor of
Problems of Democratisation in Indonesia: Elections, Institutions, and Society
(coedited with Marcus Mietzner) (2010) and
Local Power and Politics in Indonesia: Decentralisation & Democratisation
(coedited with Greg Fealy) (2003).
Aspinall
is a Professor of Politics in the Department of Political and Social Change at Australian National University, Canberra. He is the author of
Islam and Nation: Separatist Rebellion in Aceh, Indonesia
(2009);
Opposing Suharto: Compromise, Resistance and Regime Change in Indonesia
(2005);
The Helsinki Peace Agreement: A More Promising Basis for Peace in Aceh?
East West Center, Policy Paper series (2003 and 2005); and
The Peace Process in Aceh: Why It Failed
(coauthored with Harold Crouch), as well as the editor of
Problems of Democratisation in Indonesia: Elections, Institutions, and Society
(coedited with Marcus Mietzner) (2010) and
Local Power and Politics in Indonesia: Decentralisation & Democratisation
(coedited with Greg Fealy) (2003).
Renée
Jeffery
is an Associate Professor of International Relations at the Australian National University. She is the author of
Amnesty and Accountability: The Persistence of Amnesties from Athens to Aceh, Indonesia
(forthcoming);
Reason and Emotion in International Ethics
(forthcoming);
Hugo Grotius in International Thought
(2006); and
Evil and International Relations: Human Suffering in an Age of Terror
(2008) and the
editor of
Confronting Evil in International Relations: Ethical Responses to Problems of Moral Agency
(2008), as well as the author of numerous articles.
Jeffery
is an Associate Professor of International Relations at the Australian National University. She is the author of
Amnesty and Accountability: The Persistence of Amnesties from Athens to Aceh, Indonesia
(forthcoming);
Reason and Emotion in International Ethics
(forthcoming);
Hugo Grotius in International Thought
(2006); and
Evil and International Relations: Human Suffering in an Age of Terror
(2008) and the
editor of
Confronting Evil in International Relations: Ethical Responses to Problems of Moral Agency
(2008), as well as the author of numerous articles.
Lia
Kent
is a Postdoctoral Research Fellow with the State, Society and Governance in Melanesia Program at the Australian National University. She has worked in, and conducted research on, East Timor, since 2000. Dr. Kent received her PhD in 2010 for a thesis entitled
Justica Seidauk Mai (Justice Is Yet to Come): Rethinking the Dynamics of Transitional Justice in East Timor.
She is the author of
Transitional Justice and Local Realities: East Timor and Beyond
(2012), as well as of several articles and book chapters.
Kent
is a Postdoctoral Research Fellow with the State, Society and Governance in Melanesia Program at the Australian National University. She has worked in, and conducted research on, East Timor, since 2000. Dr. Kent received her PhD in 2010 for a thesis entitled
Justica Seidauk Mai (Justice Is Yet to Come): Rethinking the Dynamics of Transitional Justice in East Timor.
She is the author of
Transitional Justice and Local Realities: East Timor and Beyond
(2012), as well as of several articles and book chapters.
Hun
Joon Kim
is a Senior Lecturer in the Griffith Asia Institute and Centre for Governance and Public Policy at Griffith University. Dr. Kim received his PhD in 2008 for a dissertation titled
Expansion of Transitional Justice Measures: A Comparative Analysis of Its Causes
, which was the winner of the 2009 American Political Science Association Best Dissertation Award (Human Rights Section). He is the author of several journal articles published in
International Organization
,
International Studies Quarterly
,
Human Rights Quarterly
, the
Journal of Peace Research
, the
International Journal of Transitional Justice
,
Global Governance
, and the
Journal of Human Rights
. He is the author of
The Massacres at Mt Halla: Sixty Years of Truth-Seeking in South Korea
(forthcoming).
Joon Kim
is a Senior Lecturer in the Griffith Asia Institute and Centre for Governance and Public Policy at Griffith University. Dr. Kim received his PhD in 2008 for a dissertation titled
Expansion of Transitional Justice Measures: A Comparative Analysis of Its Causes
, which was the winner of the 2009 American Political Science Association Best Dissertation Award (Human Rights Section). He is the author of several journal articles published in
International Organization
,
International Studies Quarterly
,
Human Rights Quarterly
, the
Journal of Peace Research
, the
International Journal of Transitional Justice
,
Global Governance
, and the
Journal of Human Rights
. He is the author of
The Massacres at Mt Halla: Sixty Years of Truth-Seeking in South Korea
(forthcoming).
Leigh
A. Payne
is Professor of Sociology (Latin American Societies) and a Fellow of St. Antony's College at the University of Oxford. She is also a faculty affiliate at the University of Minnesota Law School and was a Visiting Professor in the Political Science Department at the University of Minnesota (2008–2011). She is the author of
Brazilian Industrialists and Democratic Change
(1994),
Uncivil Movements: The Armed Right Wing and Democracy in Latin America
(2000), and
Unsettling Accounts: Neither Truth nor Reconciliation in Confessions of State Violence
(2008). Her most recent coauthored book is
Transitional Justice in Balance: Comparing Processes, Weighing Efficacy
(2010). She has edited
other volumes and written various book chapters and articles on human rights and transitions from authoritarian rule in Latin America and South Africa.
A. Payne
is Professor of Sociology (Latin American Societies) and a Fellow of St. Antony's College at the University of Oxford. She is also a faculty affiliate at the University of Minnesota Law School and was a Visiting Professor in the Political Science Department at the University of Minnesota (2008–2011). She is the author of
Brazilian Industrialists and Democratic Change
(1994),
Uncivil Movements: The Armed Right Wing and Democracy in Latin America
(2000), and
Unsettling Accounts: Neither Truth nor Reconciliation in Confessions of State Violence
(2008). Her most recent coauthored book is
Transitional Justice in Balance: Comparing Processes, Weighing Efficacy
(2010). She has edited
other volumes and written various book chapters and articles on human rights and transitions from authoritarian rule in Latin America and South Africa.
Kathryn
Sikkink
is Regents Professor and holds the McKnight Presidential Chair in Political Science at the University of Minnesota. She is the author of
The Justice Cascade: Human Rights Trials and Global Change
(2011),
Mixed Signals: U.S. Human Rights Policy and Latin America
(2004), and
Activists Beyond Borders: Advocacy Networks in International Politics
(with Margaret Keck) (1998); coeditor of
Restructuring World Politics: Transnational Social Movements, Networks, and Norms
(with Sanjeev Khagram and James Riker) (2002) and
The Power of Human Rights: International Norms and Domestic Change
(with Thomas Risse and Stephen Ropp) (1999); and author of more than forty book chapters and articles.
Sikkink
is Regents Professor and holds the McKnight Presidential Chair in Political Science at the University of Minnesota. She is the author of
The Justice Cascade: Human Rights Trials and Global Change
(2011),
Mixed Signals: U.S. Human Rights Policy and Latin America
(2004), and
Activists Beyond Borders: Advocacy Networks in International Politics
(with Margaret Keck) (1998); coeditor of
Restructuring World Politics: Transnational Social Movements, Networks, and Norms
(with Sanjeev Khagram and James Riker) (2002) and
The Power of Human Rights: International Norms and Domestic Change
(with Thomas Risse and Stephen Ropp) (1999); and author of more than forty book chapters and articles.
Chandra
Lekha Sriram
is Professor of International Law and International Relations at the University of East London. She is author and editor of various books and journal articles on international relations, international law, human rights, and conflict prevention and peace-building. She is the author of three monographs:
Peace as Governance: Power-Sharing, Armed Groups, and Contemporary Peace Negotiations
(2008);
Globalizing Justice for Mass Atrocities: A Revolution in Accountability
(2005); and
Confronting Past Human Rights Violations: Justice versus Peace in Times of Transition
(2004). In 2010, the book she coedited with Suren Pillay,
Peace versus Justice? The Dilemma of Transitional Justice in Africa
(2010), won an Outstanding Academic Title award from
Choice
, of the American Librarian Association.
Lekha Sriram
is Professor of International Law and International Relations at the University of East London. She is author and editor of various books and journal articles on international relations, international law, human rights, and conflict prevention and peace-building. She is the author of three monographs:
Peace as Governance: Power-Sharing, Armed Groups, and Contemporary Peace Negotiations
(2008);
Globalizing Justice for Mass Atrocities: A Revolution in Accountability
(2005); and
Confronting Past Human Rights Violations: Justice versus Peace in Times of Transition
(2004). In 2010, the book she coedited with Suren Pillay,
Peace versus Justice? The Dilemma of Transitional Justice in Africa
(2010), won an Outstanding Academic Title award from
Choice
, of the American Librarian Association.
Fajran
Zain
is a PhD student in the Department of Political and Social Change at the Australian National University, doing research on transitional justice and reconciliation in Aceh. He works with the Aceh Institute, a public policy research institute based in Banda Aceh, as political analyst, and was a consultant for International Center for Transitional Justice (ICTJ).
Zain
is a PhD student in the Department of Political and Social Change at the Australian National University, doing research on transitional justice and reconciliation in Aceh. He works with the Aceh Institute, a public policy research institute based in Banda Aceh, as political analyst, and was a consultant for International Center for Transitional Justice (ICTJ).
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